NO. 25842
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
COLONY SURF, LTD., a Hawai`i corporation, Plaintiff-Appellee
vs.
POHAKU FUNDING AND INVESTMENT CORPORATION, trustee of the
2895-201 Kalakaua Land Trust, Defendant-Appellant
and
KEYSTONE FINANCIAL BANK, N.A., Defendant-Appellee
and
JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE
PARTNERSHIPS 1-10; DOE GOVERNMENTAL ENTITIES 1-10; Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-3380)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that this court informed Appellant
by letter dated October 10, 2003, that the time for filing the opening
brief expired on August 30, 2003, and that, pursuant to Rule 30 of the
Hawai`i Rules of Appellate Procedure, the matter would be called to the
attention of the court for such action as the court deemed proper including
dismissal of the appeal. Appellant having failed to respond to said
letter or to otherwise oppose dismissal,
IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai`i, November 18, 2003.